Smith County Gift Deed Form (Tennessee)

All Smith County specific forms and documents listed below are included in your immediate download package:

Gift Deed Form

Smith County Gift Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Smith County compliant document last validated/updated 7/8/2024

Gift Deed Guide

Smith County Gift Deed Guide

Line by line guide explaining every blank on the form.
Included Smith County compliant document last validated/updated 9/23/2024

Completed Example of the Gift Deed Document

Smith County Completed Example of the Gift Deed Document

Example of a properly completed form for reference.
Included Smith County compliant document last validated/updated 9/9/2024

When using these Gift Deed forms, the subject real estate must be physically located in Smith County. The executed documents should then be recorded in the following office:

Smith County Register of Deeds

122 Turner Circle, Suite 113, Carthage, Tennessee 37030

Hours: 8:00 to 4:00 M-F

Phone: (615) 735-1760

Local jurisdictions located in Smith County include:

  • Brush Creek
  • Carthage
  • Chestnut Mound
  • Dixon Springs
  • Elmwood
  • Gordonsville
  • Hickman
  • Lancaster
  • Pleasant Shade
  • Riddleton

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Smith County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Smith County using our eRecording service.
Are these forms guaranteed to be recordable in Smith County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Smith County including margin requirements, content requirements, font and font size requirements.

Can the Gift Deed forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Smith County that you need to transfer you would only need to order our forms once for all of your properties in Smith County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Tennessee or Smith County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Smith County Gift Deed forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

Gifts of Real Property in Tennessee

A gift deed, or deed of gift, is a legal document voluntarily transferring title to real property from one party (the grantor or donor) to another (the grantee or donee). A gift deed typically transfers real property between family or close friends. Gift deeds are also used to donate to a non-profit organization or charity. The deed serves as proof that the transfer is indeed a gift and without consideration (any conditions or form of compensation).

Valid deeds must meet the following requirements: The grantor must intend to make a present gift of the property, the grantor must deliver the property to the grantee, and the grantee must accept the gift. A gift deed must contain language that explicitly states no consideration is expected or required, because any ambiguity or reference to consideration can make the deed contestable in court. A promise to transfer ownership in the future is not a gift, and any deed that does not immediately transfer the interest in the property, or meet any of the aforementioned requirements, can be revoked [1].

A lawful gift deed includes the grantor's full name and marital status, as well as the grantee's full name, marital status, mailing address, and vesting. Vesting describes how the grantee holds title to the property. For Tennessee residential property, the primary methods for holding title are tenancy in common and tenancy by entirety. A conveyance of real estate to two or more unmarried persons creates a tenancy in common, unless a different intention is clearly expressed. (Note: 66-1-107 abolishes survivorship in joint tenancy; consult a lawyer for questions regarding joint tenancy and/or survivorship rights in Tennessee.)

As with any conveyance of real estate, a gift deed requires a complete legal description of the parcel. At the end of the legal description of the property, include the name, license number, and address of the surveyor who prepared the boundary survey from which the description was prepared (T.C.A. 66-24-121). Recite the source of title to establish a clear chain of title, and detail any restrictions associated with the property. Record the completed deed, along with a completed Oath of Consideration (T.C.A 67-4-409) at the local county Recorder's office.

The IRS implements a Federal Gift Tax on any transfer of property from one individual to another with no consideration, or consideration that is less than the full market value. In accordance with federal law, individuals are permitted an annual exclusion of $15,000 on gifts. This means that if a gift is valued below $15,000, a federal gift tax return (Form 709) does not need to be filed. But, if the gift is something that could possibly be disputed by the IRS -- such as real property -- a grantor may benefit from filing a Form 709 [2].

In Tennessee, there is no state gift tax. Gifts of real property in Tennessee are, however, subject to the federal gift tax, which the grantor is responsible for paying; however, if the grantor does not pay the gift tax, the grantee will be held liable [1].

With gifts of real property, the recipient of the gift (grantee) is not required to declare the amount of the gift as income, but if the property accrues income after the transaction, the recipient is responsible for paying the requisite state and federal income taxes [3].

This article is provided for informational purposes only and is not a substitute for the advice of an attorney. Contact a lawyer with any questions about gift deeds or other issues related to the transfer of real property. For questions regarding federal and state taxation laws, consult a tax specialist.

[1]
https://nationalparalegal.edu/public_documents/courseware_asp_files/realProperty/PersonalProperty/InterVivosGifts.asp
[2] http://msuextension.org/publications/FamilyFinancialManagement/MT199105HR.pdf
[3] https://www.irs.gov/businesses/small-businesses-self-employed/frequently-asked-questions-on-gift-taxes

(Tennessee Gift Deed Package includes form, guidelines, and completed example)

Our Promise

The documents you receive here will meet, or exceed, the Smith County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Smith County Gift Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

4.8 out of 5 - ( 4408 Reviews )

SHERRILL B.

October 10th, 2024

I received prompt attention to the package I submitted. It was submitted promptly the recorders office with a quick turn around for the recorded document. Overall a very pleasant experience.

Reply from Staff

We are sincerely grateful for your feedback and are committed to providing the highest quality service. Thank you for your trust in us.

Solomon L.

October 10th, 2024

Great communication, this was my first e-recording.

Reply from Staff

Your feedback is greatly appreciated. Thank you for taking the time to share your experience!

Donnajean L.

October 9th, 2024

The site is user friendly and uncomplicated.

Reply from Staff

Thank you!

juanita S.

May 6th, 2019

Easy to fill with explanations to accompany

Reply from Staff

Thank you Juanita, we really appreciate your feedback.

clenio o.

May 11th, 2021

Very helpful. The Register office is closed in Detroit due to covid, but after using it, I would do it regardless. Thank you.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Nancy H.

December 31st, 2018

Site was excellent and saved a trip to the County office to pick up forms.

Reply from Staff

Thank you Nancy. Glad we could help. Have a great day!

Rebecca H.

May 22nd, 2021

I thought the forms were reasonably priced, the instructions included in the packet were thorough, and the examples helpful. Thank you for the additional CDR forms too. I contacted the Recorder's office via email with a question and Jennifer Bowser answered promptly. Job well done! However, when I delivered the deed and Real Property Transfer Declaration to the Clerk's office in Lafayette, the clerk was unfamiliar with the Declaration document being submitted and it took some time to convince her to submit the form without charging the recording fee. She even tried to phone the recorder's office for clarification, but no one answered. There then was an additional form at that office that I had to complete called Recording Request/Transmittal Form. I would suggest including that form with instructions in your on-line packet to speed up the process when a Deed is delivered to the County Clerk's satellite office. I do not expect every clerk to know all the particulars of recording requirements but a little knowledge wouldn't hurt.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

sakkubai p.

November 18th, 2019

It was easy to download and I love it.I am going to take them to our attorney. If she approve it I am going to print for other counties too, where we have other properties.
thanks.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

LISA B.

December 5th, 2019

GOT WHAT I NEEDED FORMS WORKED FINE.

Reply from Staff

Thank you!

Evelyn N.

May 3rd, 2019

Great website, efficient and informational. Very helpful!

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Martin P.

April 6th, 2019

The DEEDs website is very easy to navigate and find the required documents. I have not yet had an opportunity to review the documents I purchased and downloaded. That is the reason I have assigned a rating of four stars. I fully hope that can raise my rating to five stars after I've used those documents.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Gary S.

January 9th, 2022

Easy to use. Very helpful

Reply from Staff

Thank you!

Ricardo C.

October 16th, 2020

I was pleased with the process. Easy and secure. Great customer service. I will use again for sure

Reply from Staff

Thank you!

DAVID K.

April 5th, 2019

Good so far could use more examples for each section of info. needed. ex. (parcel and alt.ID info where to find and etc. #2 more examples. If it was not for the red print examples helping to fill the form out I could have downloaded free forms, the examples are what made me choose your form !

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Sheryl C.

July 28th, 2021

Very Very helpful easy to navigate the guides and examples were great and informative. Great to have will be using for future transactions.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!